MISTAKE OF LAW AND LIMITATION PERIODS

This chapter examines the transposition of the Antitrust Damages Directive in Ireland. It first considers the transposition procedure, focusing on regulations contained in Statutory Instrument (SI) European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017, before discussing the regime set out in this implementing SI. It then describes the scope of the national regime on competition law and the implementing regulations that govern full compensation, disclosure of evidence, the effect of decisions by National Competition Authorities, limitation periods, joint and several liability, the issues of ‘passing on’, the presumption and quantification of damages by cartels, and consensual dispute resolution. Finally, the chapter analyses incorrect or incomplete transposition and possible legal disputes with regard to the Directive and the implementing regulations.

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Foreign Limitation Periods Act 1984 ch 16

10.5040/9781509900503.ch-054 ◽

2015 ◽

Keyword(s):

Limitation Periods

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Lord Woolf, Multi-Party Situations, and Limitation Periods

The Civil Procedure Rules at 20 ◽

10.1093/oso/9780198863182.003.0011 ◽

2020 ◽

pp. 133-152

Author(s):

Rachael Mulheron

Keyword(s):

Competition Law ◽

Class Action ◽

Class Actions ◽

Opt Out ◽

The Subject ◽

Limitation Periods ◽

Proper Subject

More than twenty years ago, Lord Woolf MR recommended the implementation of a regime which could cater for opt-in or opt-out class actions. It was not until 1 October 2015 that such a regime was enacted—and solely for competition law grievances of either a follow-on or a stand-alone nature. A key aspect of any class action design is how to handle limitation periods for the representative claimant and for class members. In his seminal report, Lord Woolf flagged up that appropriate provisions for limitation periods would be a proper subject for primary, rather than secondary, legislation. Accordingly, limitation periods duly became the subject of careful drafting in the 2015 regime, courtesy of section 47E of the Competition Act 1998. This chapter reflects upon some of the key comparative drafting lessons of class action regimes elsewhere which were helpful and instructive for that drafting exercise.

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Limitation Periods

Transaction Avoidance in Insolvencies ◽

10.1093/oso/9780198793403.003.0031 ◽

2018 ◽

Author(s):

Rebecca Parry ◽

James Ayliffe

Keyword(s):

General Rule ◽

Case Law ◽

Civil Procedure ◽

Time Limits ◽

Turn On ◽

Limitation Periods ◽

Basic Position

The legislation does not deal expressly with the issue of what limitation periods are applicable to the transaction avoidance provisions. This is an issue which has, however, been addressed in case law. The basic position will be set out in this chapter. In summary, there is no general rule that actions by office holders are not subject to the rules of limitation and the issue of what time limits are applicable would appear to turn on the form of relief that the office holder is seeking. The position will also be affected if the action can be said to be based on the fraud of the defendant. The office holder would be well advised, however, to ensure that, as far as possible, the action is not delayed as this may lead to a striking-out action under the Civil Procedure Rules. Reference should be made to specialist works on limitation periods for further details of this area of law.

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Limitation of Actions

Wilmot-Smith on Construction Contracts ◽

10.1093/oso/9780198832805.003.0015 ◽

2021 ◽

pp. 407-437

Author(s):

Michael McParland QC ◽

Stephanie David

Keyword(s):

Limitation Periods ◽

English Law ◽

Limitation Of Actions ◽

Construction Law

This chapter reviews the operation of the statutory restrictions on the prosecution of stale claims that caused Parliament to pass acts of limitation designed to prevent the bringing of claims after a certain period to eliminate the injustice of unduly delayed claims. It analyses the operation of key domestic statutory limitation periods applicable to common construction law disputes and the policy justifications behind them. It also reviews the application of foreign limitation periods. It emphasizes the essential procedural nature of a limitation defence under English law, which requires that any applicable time bar must be pleaded by a defendant if it is to be effective.

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Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.7

10.1093/law/9780198702627.003.0220 ◽

2015 ◽

Author(s):

Meier Sonja

Keyword(s):

Legal Proceedings ◽

Limitation Periods

This commentary analyses Article 11.1.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of expiration or suspension of the limitation period. Joint and several obligations do not necessarily share the same fate in terms of limitation periods. Under Art 11.1.7(1), the limitation period of the obligee's rights against one obligor has expired while the limitation period of its rights against another obligor has not. This commentary explains how the expiration of limitation period affects the obligee's claims against other obligors. It also considers the suspension of running of limitation period due to initiation of legal proceedings and the effects of other events regarding limitation.

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Ch.10 Limitation periods, Art.10.4

10.1093/law/9780198702627.003.0204 ◽

2015 ◽

Author(s):

Wintgen Robert

Keyword(s):

Burden Of Proof ◽

Limitation Periods ◽

Definition Of ◽

The Right

This commentary analyses Article 10.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning new limitation periods by acknowledgement. All major jurisdictions accept that a new limitation period starts to run if the obligor acknowledges the obligee's right. This rule is consistent with the policy considerations underlying limitation periods, since an acknowledgement makes it clear that the obligor is aware of its debt. According to Art 10.4, if the obligor before the expiration of the general limitation period acknowledges the right of the obligee, a new general limitation period begins on the day after the day of the acknowledgement. The maximum limitation period does not begin to run again, but may be exceeded by the beginning of a new general limitation period under Art 10.2(1). This commentary considers the definition of acknowledgement, the time of acknowledgement, burden of proof relating to the new limitation period, and effects of the obligor's acknowledgement of the obligee's right.

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